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The Firefighters’ Pension Scheme (Wales) (Amendment) Regulations 2018

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Amendment of Schedule 2 (transitional provisions)

8.—(1) Schedule 2 is amended as follows.

(2) In Part 3A(1) (payment of ill-health benefits to transition members)—

(a)in paragraph 22(2)(a), after “rule 2” insert “of Part 3”; and

(b)in paragraph 25(2), for both occurrences of “B1A(3)(i)” substitute “B1A(3)(a)”.

(3) In Part 3C(2) (transitional provisions relating to the NFPS and the 1992 Scheme)—

(a)in paragraph 37—

(i)for the heading “Scheme manager determines member of the NFPS is not entitled to an ill-health award” substitute “Authority determines the entitlement of a member of the NFPS to an ill-health award”;

(ii)in sub-paragraph (2), for “If this paragraph applies,” substitute “If the authority subsequently determines that the member of the NFPS is not entitled to an ill-health award,”; and

(iii)after sub-paragraph (2) insert—

(3) If the authority subsequently determines that the member of the NFPS is entitled to an ill-health award—

(a)the member does not join this scheme;

(b)the member continues to be a member of the NFPS; and

(c)the ill-health award is payable under rule 2 of Part 3 (awards on ill-health retirement) of the NFPS.; and

(b)in paragraph 38—

(i)for the heading “Scheme manager determines member of the 1992 Scheme is not entitled to an ill-health award” substitute “Authority determines the entitlement of a member of the 1992 Scheme to an ill-health award”;

(ii)in the opening words of sub-paragraph (2), for “If this paragraph applies,” substitute “If the authority subsequently determines that the member of the 1992 Scheme is not entitled to an ill-health award,”;

(iii)in sub-paragraph (2)(b), for “H2A (appeals against opinion based on medical advice)” substitute “H2 (appeal against opinion on a medical issue)”; and

(iv)after sub-paragraph (2) insert—

(3) If the authority subsequently determines that the member of the 1992 Scheme is entitled to an ill-health award—

(a)the member does not join this scheme;

(b)the member continues to be a member of the 1992 Scheme; and

(c)the ill-health award is payable under rule B3 (ill-health awards) of the 1992 Scheme.

(1)

Part 3A was inserted by regulation 2 of, and paragraph 7(d) of Schedule 1 to, S.I. 2015/1016 (W. 71).

(2)

Part 3C was inserted by regulation 2 of, and paragraph 7(d) of Schedule 1 to, S.I. 2015/1016 (W. 71).

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